Career Licensing
THE CAREER
Irish Trademark Agents represent clients in all trademark-related matters before the Irish Patent Office (IPO), before the Office for Harmonization in the Internal Market (OHIM), and before the World Intellectual Property Organization (WIPO) in Geneva, Switzerland, using the MADRID AGREEMENT and MADRID PROTOCOL.
LICENSING AUTHORITY
Trade Mark Agents Registration Board Irish Patent Office (IPO).
RESIDENCY REQUIREMENTS
Applicants requesting to be listed in the Register of Trade Mark Agents in Ireland further to the provisions of Statutory Instruments No. 622 of 2007 must (i) be a resident of a member state of the European Union, and (ii) must maintain a place of business in a member state of the European Union.
CITIZENSHIP REQUIREMENTS
There is no citizenship requirement.
EDUCATIONAL REQUIREMENTS
Bachelor’s degree is not required. However, it is necessary demonstrate a broad education background equivalent to that of a university degree.
There is no requirement that the bachelor’s degree or equivalent university education was earned within the European Union.
EMPLOYMENT REQUIREMENTS
Three years of trademark-related work experience is required.
The mandatory practical training is very important, since a great deal of the knowledge required by an Irish Trademark Agent is gained during this period. During this period the candidates must take part in a wide range of activities pertaining to trademarks.
Candidates must have trained under the supervision of a professional representative dealing with trademark matters such as Trademark Agent or Attorney at Law.
There is no requirement that the training need have been within the European Union. Employment as a paralegal assistant in procedural aspects of trademark registration in an American law firm, for example, may be deemed acceptable.
LICENSING EXAMINATION
The Irish Trademark Agent licensing examination is administered by the Trade Mark Agents Registration Board of the Irish Patent Office (IPO).
EXAMINATION LANGUAGE
The Irish Trademark Agent licensing examination is given in English.
EXAMINATION SCHEDULE
The Irish Trademark Agent licensing examination is given once each year, typically in March or April. The written examination is three hours in duration.
EXAMINATION CONTENT
The Irish Trademark Agent licensing examination is designed to establish whether the candidate has the requisite aptitude and knowledge to represent clients in all trademark-related matters before the Irish Patent Office (IPO), before the Office for Harmonization in the Internal Market (OHIM), and before the World Intellectual Property Organization (WIPO) in Geneva, Switzerland, using the MADRID AGREEMENT and MADRID PROTOCOL.
Paper I – Irish Trade Marks Acts and Rules
Paper II – Irish Trade Marks Case Law
Paper III – European Union Directives and Regulations and the European Community Trade Mark System
EXAMINATION SYLLABUS
The Trade Mark Agents Registration Board recommends that preparation for the Irish Trademark Agent licensing examination should include careful study of the following trademark textbooks.
- “Irish Trade Marks Law & Practice” by M. Tierney
- “Irish Intellectual Property Law” by R. Clark & S. Smyth
- “Irish Law of Torts” by B. McMahon & W. Binchy
- “Kerly; Law of Trade Marks and Trade Names” (Sweet & Maxell)
- “Equity and the Law of Trusts in the Republic of Ireland” by Hon. Justice R. Keane
- “Irish Legal System”; by R. Byrne & P. McCutcheon
- “Dictionary of Irish Law” by H. Murdoch
- “Community Trade Mark Handbook” (Sweet & Maxell)
- “The Law of Passing Off” by C. Wadlow
- “Intellectual Property: Patents, Copyright, TradeMarks and Allied Rights” by WR Cornish
- “Cases and Materials on Intellectual Property” by WR.Cornish
Preparation for the Irish Trademark Agent licensing examination should include careful study of the following trademark laws.
- Trade Marks Act, 1996 (No 6 of 1996)
- Trade Mark Rules, 1996 (S.I. No 199 of 1996)
- European Communities (Community Trade Mark) Regulations, 1996 (S.I. No 10 of 1996)
- Trade Marks Act, 1996 (Community Trade Mark) Regulations, 2000 (S.I. No 229 of 2000)
- Patent, Trade Marks and Designs (Fees) Rules, 2001 (S.I. No 482 of 2001)
- Trade Marks Act, 1996 (Residence of Trade Marks Agents) Regulations, 2000 (S.I. No 34 of 2000)
- Trade Marks Act, 1996 (Section 66) Regulations, 2001 (S.I. No 9 of 2001)
- Trade Marks (Madrid Protocol) Regulations, 2001 (S.I. No 346 of 2001)